Barney Frank

In an op-ed printed in the Portland Press Herald this weekend, retired congressman Barney Frank offers a sharp critique of the far right Supreme Court under John Roberts. Explicitly noting the importance of the Court in defining law that affects all citizens, Frank makes clear not only that courts matter, but everyday citizens have a hand in how these courts are shaped.

Reviewing the impact of recent Supreme Court decisions — from overturning “more than 100 years of federal and state efforts to regulate the role of money in campaigns” to declaring that corporations have the right to religious freedom under RFRA—Frank states that “the court has ended this term with a barrage against laws it does not like” (emphasis added).

He continues,

…The Supreme Court is now strongly inclined to impose conservative ideology via Constitutional interpretation on a broad range of public policy. It is true that Kennedy and to some extent Roberts occasionally deviate from this, but Justice Samuel Alito has surpassed even Justices Antonin Scalia and Clarence Thomas in his ideological purity.

The relevance of this to the next two elections is very clear. Four of the sitting justices are in their late 70s or older. This means that there is a strong possibility that President Obama will have a chance to appoint another justice before his term expires, but his ability to do so will be determined not simply by the health of the justices in question, but by the composition of the U.S. Senate. The increasing partisanship in the Senate, the continued virulent influence of the tea party and recent history strongly suggest that even if a vacancy occurs, Obama will be prevented from filling it (emphasis added).

Frank refers to the unceasing Republican obstructionism and argues courts are critical for defining laws that affect Americans on a daily basis, highlighting the importance of this year’s midterm elections. As he concludes in this piece,

This makes it highly likely that among the issues that will be determined in the next senatorial and presidential election will be the ideological makeup of the Supreme Court. Voters should act accordingly.

Earlier this morning I had the privilege of attending the signing ceremony for the bill repealing the infamous Don’t Ask, Don’t Tell military service policy. It was an incredibly moving experience. This is a watershed moment for the cause of LGBT equality – there is absolutely no turning back from the march we are on for full equality for LGBT individuals. Or, as Rep. Barney Frank said at yesterday’s enrollment ceremony at which Speaker Nancy Pelosi formally sent the bill to the President for his signature: For those on the Right worried about the so-called radical homosexual agenda - two down and two to go!!

There was much joy and celebration in the room, and also a sense of gravitas at being witness to this historic moment. There is much more to accomplish, but for now, it feels great to savor this win for justice and equality. And to salute all of the heroes who never gave up on this important battle.

Earlier, Democratic Rep. Patrick Murphy of Pennsylvania told the gathering of an e-mail he received from a company commander in Afghanistan, who mentioned how he often had to counsel soldiers who received divorce papers or "Dear John" letters from spouses or opposite-sex partners.

Murphy continued: "This young company commander, this captain, on his fourth deployment, wrote in that e-mail saying, 'I never thought I'd see the day when I got one of those letters myself. And I'm sitting here at three o'clock in the morning in Kabul, Afghanistan, and I have no where to go because I happen to be gay, and I can't walk to the chaplain, and I can't go to a battle buddy, and I can't walk to my commander's office, so I'm sitting here cradling my 9 mm pistol thinking about blowing my brains out. But I read this article about this Iraq war veteran named Patrick Murphy from Pennsylvania that's fighting for me, and it gives me hope.'"

For those who are worried about the radial homosexual agenda, let me put them on notice – two down, two to go.

Representative Frank’s message is simple.

LGBT equality advocates aren’t working some nefarious plot. What the Right labels as radical isn’t radical at all. It’s about fairness, freedom, and the Constitution. It’s about core values and fundamental rights that all Americans, regardless of sexual orientation or gender identity, hold dear and should enjoy.